Hapi Feet Promotions Inc. v. Martin

Hapi Feet Promotions Inc. v. Martin

Defendants' summary judgment application was dismissed because at the time of hearing the alleged defect in authority was cured: Attis had been granted administration, other entitled persons had renounced, and supporting evidence (Hill's certificate) plus the principle that parties may retroactively validate contracts removed any genuine issue of material fact justifying summary judgment against the plaintiffs.

Citation
2004 NSSC 198
Parties
Plaintiff/respondent: Hapi Feet Promotions Inc.; Plaintiff/respondent: Frank Leahy; Plaintiff/respondent: Dawn Penelope Attis, Executrix of the Estate of Don Messer; Defendant/applicant: Barbara Martin; Defendant/applicant: Grayec Management Incorporated
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 October 2004
Procedural Posture
Civil Damages and Injunctive Relief Relating to Name/image/likeness and Trademarks / Application for Summary Judgment Under Nova Scotia Civil Procedure Rule 13.01
Outcome
Application for summary judgment dismissed.
Legal Topics
Summary Judgment, Authority of Executrix/administrator, Retroactive Ratification of Contracts, Right of Publicity/personality Rights, Injunctive Relief, Costs
Source Language
English
Civil Procedure Estates and Probate Intellectual Property Trademark Law Summary Judgment Authority of Executrix/administrator Retroactive Ratification of Contracts Right of Publicity/personality Rights +2 more

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Parties

Hapi Feet Promotions Inc.

Plaintiff/respondent

Frank Leahy

Plaintiff/respondent

Dawn Penelope Attis, Executrix of the Estate of Don Messer

Plaintiff/respondent

Barbara Martin

Defendant/applicant

Grayec Management Incorporated

Defendant/applicant

Procedural Posture

Civil Damages and Injunctive Relief Relating to Name/image/likeness and Trademarks / Application for Summary Judgment Under Nova Scotia Civil Procedure Rule 13.01

Legal Issues

  1. 1 Whether Dawn Attis was the executrix/administrator of the Messer Estate at the time she signed the June 1, 2000 agreement
  2. 2 Whether the June 1, 2000 agreement conveying rights to Hapi Feet is valid despite Attis not being executrix at the time
  3. 3 Whether a defendant's summary judgment application should be granted where the moving party shows no genuine issue of material fact

Ratio Decidendi

Defendants' summary judgment application was dismissed because at the time of hearing the alleged defect in authority was cured: Attis had been granted administration, other entitled persons had renounced, and supporting evidence (Hill's certificate) plus the principle that parties may retroactively validate contracts removed any genuine issue of material fact justifying summary judgment against the plaintiffs.

Court Disposition

Application for summary judgment dismissed.

Orders

  • Application dismissed.
  • Plaintiffs shall amend the style of cause to show Dawn Penelope Attis as administrator of the Estate.